Judgment of the Court (Fifth Chamber) 15 September 1994

In Case C-318/93, REFERENCE to the Court pursuant to the Protocol of 3 June 1971 on the interpretation by the Court of Justice of the Convention of 27 September 1968 on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters (OJ 1972 L 299, p. 32) by the Bundesgerichtshof for a preliminary ruling in the proceedings pending before that court between

THE COURT (Fifth Chamber), composed of: J. C. Moitinho de Almeida, President of the Chamber, R. Joliét, G. C. Rodríguez Iglesias (Rapporteur), F. Grévisse and M. Zuleeg, Judges, Advocate General: M. Darmon, Registrar: L. Hewlett, administrator,

after considering the written observations submitted on behalf of: Mr Brenner and Mr Noller, by C. Klaas, Rechtsanwalt, Karlsruhe, the German Government, by C. Böhmer, Ministerialrat in the Federal Ministry of Justice, acting as Agent, the Commission of the European Communities, by P. Van Nuffel, of its Legal Service, acting as Agent, assisted by A. Böhlke, Rechtsanwalt, Frankfurt and Brussels,

having regard to the Report for the Hearing,

after hearing the oral observations of Mr Brenner, Mr Noller and the Commission at the hearing on 28 April 1994,

after hearing the Opinion of the Advocate General at the sitting on 8 June 1994,

gives the following

Judgment

Costs

1 Language of the case: German.